Case law

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  • Prince v. Wright

    141 N.C. App. 262 · Court of Appeals of North Carolina · Dec 29, 2000

    See Murray v. Nationwide, 123 N.C. … Clary v. Alexander County Board of Education, 19 N.C. App. 637, 639 , 199 S.E.2d 738, 739 (1973), rev’d on other grounds, 286 N.C. 525 , 212 S.E.2d 160 (1975) (emphasis added).

    Cited 29 timesPublished
  • In re T.R.T.

    225 N.C. App. 567 · Court of Appeals of North Carolina · Feb 19, 2013

    See Belk v. Belk,_N.C. App._,_, 728 S.E.2d 356, 365 (2012) (concluding that a generic provision in N.C. Gen. … Board of Alcoholic Control, 268 N.C. 624, 628-29 , 151 S.E.2d 582, 586 (1966) (“Where there is one statute dealing with a subject in general and comprehensive terms, and another dealing with a part of the same subject in

    Cited 14 timesPublished
  • Powell v. Doe

    123 N.C. App. 392 · Court of Appeals of North Carolina · Aug 6, 1996

    Hart v. Ivey, 332 N.C. 299, 305 , 420 S.E.2d 174, 177-78 (1992). … In Dairy , we noted “If it be conceded that the plaintiff’s intestate was injured and killed upon the highway by being struck by the defendants’ truck, or by a board or piece of lumber on said track, in the absence of any

    Cited 2 timesPublished
  • In Re the Consolidated Appeals of Certain Timber Companies From the Denial of Use Value Assessment & Taxation by Certain Counties

    98 N.C. App. 412 · Court of Appeals of North Carolina · May 15, 1990

    Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 312 , 49 L.Ed.2d 520, 524 (1976). … Madden v. Kentucky, 309 U.S. 83, 88 , 84 L.Ed. 590, 593 (1940).

    Cited 7 timesPublished
  • Bartlett v. Duke University

    17 N.C. App. 598 · Court of Appeals of North Carolina · Mar 28, 1973

    Sweatt v. Board of Education, 237 N.C. 653, 657 , 75 S.E. 2d 738, 742 (1953).” Robbins v. Nicholson, 281 N.C. 234, 238 , 188 S.E. 2d 350, 353 . … In Martin v.

    Cited 0 timesPublished
  • Briggs v. City of Asheville

    159 N.C. App. 558 · Court of Appeals of North Carolina · Aug 5, 2003

    See Thrash v. City of Asheville, 327 N.C. 251 , 393 S.E.2d 842 (1990); Arquilla v. City of Salisbury, 136 N.C. App. 24 , 523 S.E.2d 155 (1999). Under Lowe v. … See Wallace v. Town of Chapel Hill, 93 N.C.

    Cited 4 timesPublished
  • Employment Security Commission v. Peace

    122 N.C. App. 313 · Court of Appeals of North Carolina · May 7, 1996

    Thompson v. Board of Education, 292 N.C. 406, 410 , 233 S.E.2d 538, 541 (1977) (citation omitted). … Reed v. Byrd, 41 N.C. App. 625 , 255 S.E.2d 606 (1979).

    Cited 2 timesPublished
  • State v. Blow

    Court of Appeals of North Carolina · Nov 4, 2014

    We believe that this is the type of “speculation” and “conjecture,” State v. Brown, 162 N.C. App. 333, 338, 590 S.E.2d 433, 437 (2004), that cannot defeat a motion to dismiss. See State v. McDowell, 217 N.C. … State v.

    Cited 0 timesPublished
  • WOODLIFF v. Fitzpatrick

    205 N.C. App. 192 · Court of Appeals of North Carolina · Jul 6, 2010

    See Hayes v. … Board of Education, 222 N.C. 358, 366 , 23 S.E.2d 292, 297 (1942), nor can it “be carried to the point of applying an act to employments not within its stated scope, or not within its intent or purpose, Wilson v.

    Cited 1 timesPublished
  • Anderson v. Lackey

    163 N.C. App. 246 · Court of Appeals of North Carolina · Mar 16, 2004

    Defendant filed an Answer and Counterclaim seeking visitation with Colby, a divorce from bed and board, and equitable distribution of marital assets. … Simmons v. Arriola,-N.C. App. -,-, 586 S.E.2d 809, 811 (2003) (quoting Brewer v. Brewer, 139 N.C. App. 222, 228 , 533 S.E.2d 541, 546 (2000)).

    Cited 3 timesPublished
  • Langwell v. Albemarle Family Practice, Pllc

    203 N.C. App. 666 · Court of Appeals of North Carolina · May 4, 2010

    Ballenger v. Crowell, 38 N.C. App. 50, 54 , 247 S.E.2d 287, 291 (1978); see also Lord v. Beerman, 191 N.C. App. 290, 293-94 , 664 S.E.2d 331, 334 (2008). … Willis, both of whom were board certified in family practice.

    Cited 2 timesPublished
  • Concrete MacHinery Co. v. City of Hickory

    134 N.C. App. 91 · Court of Appeals of North Carolina · Jul 6, 1999

    V; U.S. Const. amend. XIV; N.C. Const, art. I, § 19; Lea Company v. N.C. Bd. of Transportation, 317 N.C. 254 , 345 S.E.2d 355 (1986). … Lea Co. v. N. C. Board of Transportation, 323 N.C. 691 , 374 S.E.2d 868 (1989). However, the award of attorneys’ fees is not to be arbitrarily determined.

    Cited 9 timesPublished
  • Carpenter v. Brooks

    139 N.C. App. 745 · Court of Appeals of North Carolina · Aug 29, 2000

    This result is consistent with our Supreme Court’s holding in Board of Education v. … See United States v. Parodi, 703 F.2d 768 (4th Cir. 1983); State v. Whittington, 318 N.C. 114 , 347 S.E.2d 403 (1986).

    Cited 21 timesPublished
  • Aldridge v. Novant Health

    Court of Appeals of North Carolina · Dec 7, 2021

    ALDRIDGE V. … ALDRIDGE V.

    Cited 0 timesPublished
  • Piraino Bros. v. Atlantic Financial Group, Inc.

    211 N.C. App. 343 · Court of Appeals of North Carolina · Apr 19, 2011

    State v. Sharpe, 344 N.C. 190, 194 , 473 S.E.2d 3, 5-6 (1996) (quoting Weil v. Herring, 207 N.C. 6, 10 , 175 S.E. 836, 838 (1934)); see also State v. … Further, Giusto Piraino had served on the board of directors and the loan committee for Carolina Commerce Bank for a year prior to the investment at issue here.

    Cited 72 timesPublished
  • Whitley v. Horton

    168 N.C. App. 597 · Court of Appeals of North Carolina · Feb 15, 2005

    Gibbs v. Heavlin, 22 N.C. App. 482 , 483-84, 206 S.E.2d 814 , 815 (1974) (emphasis added). We acknowledge that there is conflicting evidence in the record. … Our Court stated this principle succinctly in Narron v. Hardee's Food Systems, Inc., 75 N.C.

    Cited 0 timesPublished
  • Carle v. Wyrick, Robbins, Yates & Ponton, LLP

    225 N.C. App. 656 · Court of Appeals of North Carolina · Mar 5, 2013

    .”); Teague v. Isenhower, 157 N.C. … See, e.g., Babb v. Hoskins,_N.C.

    Cited 6 timesPublished
  • State v. Gordon

    Court of Appeals of North Carolina · Mar 17, 2020

    See State v. Spinks, 256 N.C. … GORDON Opinion of the Court after having been incarcerated for roughly fifteen years.3 See, e.g., Brown v.

    Cited 0 timesPublished
  • Hinson v. Hinson

    80 N.C. App. 561 · Court of Appeals of North Carolina · May 20, 1986

    Pinkston v. Brown, 56 N.C. (1 Jones Equity) 494, 496 (1857), quoting J. Story, 1 Equity Jurisprudence Sec. 300 (1846). … V.

    Cited 35 timesPublished
  • Figueroa v. Monsivais

    Court of Appeals of North Carolina · Mar 18, 2026

    make ends meet at that period of time in his life where his wife had kicked him out and he didn’t have his clothes[,]” so they lowered the purchase price and agreed that Defendant Humberto would be able “to stay in the brown … Swindell v.

    Cited 0 timesPublished

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